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HomeMy WebLinkAbout8468-94 Amending Chapter 13 of the South Bend Municipal Code Selected Weapons & Instruments of Violence Prohibited ORDINANCE No. 8468-94 Passed by the Common Council of the City of South Bend, Indiana_ February 21, Iq 94 Attest: — City Clerk IRENE K. GAMMON Attest: Ail/, I //% President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ February 22, 19--94— City Clerk IRENE K. GAMMON Approved and signed by me a!A 3 19 papa . ' 4:"'"' Mayor • . • � - • Amended Substitute Bill No. 11-94 Ordinance No. 4 (o g-,(1 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED" STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend acknowledges that Amendment II of the Amendments to the Constitution of the United States,provides that: "A well regulated Militia,being necessary to the security of a free State,the right of the people to keep and bear Arms,shall not be infringed." and that the Constitution of Indiana in Article I, § 32 of the Bill of Rights, provides that: "The people shall have a right to bear arms,for the defense of themselves and the State." The Common Council of the City of South Bend further acknowledges that the State of Indiana regulates "Handguns"with this law being set forth in Indiana Code § 35- 47-2-1 through Indiana Code § 35-47-2-24. It also notes that Indiana Code § 35-47-2-1, currently provides in part that: "...a person shall not carry a handgun in any vehicle or on or about his person,except in his dwelling,on his property or fixed place of business, without a license issued under this chapter being in his possession..." The Common Council further notes that Indiana Code § 35-47-1-6, currently defines a handgun as any firearm which: " (1)[is]designed or adapted so as to be aimed and fired from one(1) hand,regardless of barrel length;or (2) [is] any firearm with: (A)a barrel less than sixteen(16)inches in length;or (B)an overall length of less than twenty-six(26)inches." The Common Council believes that local anti-crime legislation can and should be passed, so long as such legislation is fully cognizant of the above-described laws and other laws such as the newly enacted Brady Handgun Violence Prevention Act set forth in Public Law 103-159,which President Clinton signed on November 30, 1993. Such local legislation would assist our local police department by providing additional mechanisms to help reduce violence which would enable our City to become a safer and better place to live and work. By properly balancing the guaranteed rights of the Federal and State Constitutions with the rights to live and work in a safe environment, the • Anti-Crime Ordinance Page 2 Common Council believes that this ordinance is a proper exercise of its police powers,is in the best interests of its citizens and would further promote public health and safety of our neighborhoods and community as a whole. 1fiob3, tijtrtfore, In it orbtlirta, by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 13 of the South Bend Municipal Code is amended by the inclusion of new Article 9 which shall read in its entirety as follows: ARTICLE 9. SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED. Division I. Loaded Assault Weapons Prohibited. 1 Sec. 13-90 Public Policy and Findings of the Council. (a) Pursuant to the "Home Rule" authority specifically granted to local municipalities,the Common Council believes that local problems require local responses so that positive action can be properly implemented to protect the citizens of our community. (b) The Common Council finds and declares that the proliferation and use of assault weapons pose a serious threat to the public health, safety, and welfare of the residents of our city, and those individuals who visit our city. (c) The Council further finds and declares that current federal and state regulations are wholly inadequate to counteract the social, economic and financial costs caused by assault weapons in our society. (d) The Council therefore concludes that it is necessary to establish the following regulations which restrict the possession and sale of assault weapons, and believes that such regulations are a proper exercise of their police powers. Sec. 13-91 Definitions. The following definitions shall apply throughout this Article: (a) Ammunition shall mean any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended for use in any firearm. (b) Assault Weapons shall mean and include: (1) Any center fire rifle with automatic action or semi-automatic action or revolving cylinder weapon,or carbine which accepts a detachable magazine with a capacity of over fifteen (15)rounds; (2) Any semiautomatic shotgun with a magazine capacity of more than nine (9)rounds; • Anti-Crime Ordinance Page 3 (3) Firearms as defined in Indiana Code § 35-47-1-5,which have threads, lugs, or other characteristics which are designed to facilitate the direct attachment of a silencer,bayonet, grenade launcher,flash suppressor,or folding stock to the firearm; and (4) Any part or combination of parts designed to facilitate the attachment of a silencer,bayonet,grenade launcher,flash suppressor,or folding stock to a firearm; and (5) A detachable magazine, drum, belt, feed strip, or similar device which has a capacity of, or can be readily restored or converted to accept more than fifteen (15) rounds of ammunition; and (6) Any combination of parts which are designed and intended solely and exclusively for assembling a firearm defined to be an assault weapon as defined above, or from which an assault weapon could be assembled into an operable assault weapon if such parts are located in the possession or under the control of one (1)person. (c) Automatic shall describe the mechanically self-acting of a weapon in which the spent cartridge is ejected, and the weapon reloaded and fired, by the action of the gas generated in firing or by the force of the recoil,resulting in the weapon continuing to fire as long as the trigger is depressed. (d) Chambered shall mean ready to fire. (e) Community Correction Officer shall mean any person employed by a governmental agency to oversee individuals who are in custody for alleged violation or convicted of a violation of the law. (f) Dealer shall have the meaning set forth in Indiana Code § 35-47-1-3. (g) Firearms shall have the meaning set forth in Indiana Code § 35-47-1-5. (h)Magazine shall mean a storage place for ammunition which acts as a receptacle for cartridges which are to be fed into the breech or chamber of a rifle, shotgun, or other weapon. (i) Minor shall mean any person who is under eighteen (18)years of age. (j) Person shall mean any individual, corporation, company, association, firm, partnership,club or society. (k) Rifle shall mean a weapon designed or redesigned, made or remade, and usually fired from the shoulder which has spiral grooves cut in the bore to use the energy of ammunition. (1) Secured shall mean out of reach and in a safe condition. Anti-Crime Ordinance Page 4 (k) Security guard services shall mean an entity or individual that engages in the business of providing security guard services to the public for hire. (1) Semi-automatic shall mean any weapon which fires a single projectile for each single pull of the trigger and which employs a magazine. (m) Shooting or Firing Range shall mean a place for target practice with firearms. (n) Shotgun shall have the meaning set forth in Indiana Code § 35-47-1-11. Sec. 13-92 Exceptions. (a) This Division shall not apply to any person listed as an "excepted persons" in Indiana Code § 35-47-2-2; individuals regulated and approved by the Bureau of Alcohol, Tobacco and Firearms (BATF); community correction officers, and individuals properly licensed or authorized by a BATF stamp to use such weapons in a City licensed shooting or firing range properly equipped and zoned for the use of such weapons. Such individuals shall be required to provide valid proof of their status as an exception to this Division upon reasonable request. (b) The definition of "assault weapon" as set forth in Section 13-91 shall not include any of the following: (1) Weapons that do not use fixed ammunition, weapons that were in production prior to 1898, manually operated bolt-action weapons, lever- action weapons, slide-action weapons, single-shot weapons, semi- automatic weapons which use exclusively manalicher-style clips, semi- automatic weapons manufactured prior to 1954, and rim-fire weapons that employ a tubular magazine. (2) Any antique or relic firearm; (3) Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon. (c) Any assault weapon may be possessed by any federal, state, county or local historical society,museum or educational institution of higher learning which is open to the public, provided such assault weapon is properly housed and secured from unauthorized handling and is always kept unloaded. Sec. 13-93 Restrictions on the Possession and Manufacturing of Assault Weapons. (a) No person may manufacture any assault weapon, as defined herein, within the City of South Bend. (b) No person may possess any loaded assault weapon, as defined herein, within the City of South Bend,except as specifically provided herein. • Anti-Crime Ordinance Page 5 (c) No person may manufacture or possess any magazine with a capacity of more than fifteen (15) rounds for assault weapons within the City of South Bend, except as specifically provided herein. Sec. 13-94 Requirements for Transporting and Possessing Unloaded Assault Weapons. (a) Any person who owns any assault weapon as defined herein must: (1) Keep a flag safety (i.e., plastic tie or chamber plug) properly in place so that the chamber is plugged resulting in the firing pin being blocked at all times; (2) Keep said assault weapon unloaded at all times; and (3) Keep said assault weapon in a gun slip, glove, or case so that it is inoperable and secured at all times with a gun tie or padlock except when using such weapon at a City licensed shooting or firing range as specifically provided herein. (b) Any person who owns any assault weapon must keep all of its ammunition and magazines separate from the assault weapon, and in a secured container, except as specifically provided herein. Sec. 13-95 Penalties; Confiscation and Destruction of Assault Weapons. (a) Any person who violates any of the provisions of this Division shall be fined a minimum of two hundred and fifty dollars ($ 250.00) and up to a maximum of two thousand five hundred dollars ($2,500.00) for each and every violation. (b) The owner of an assault weapon found with a seated magazine shall be fined two hundred fifty dollars ($ 250.00), and if a round is chambered an additional one hundred dollars ($ 100.00) shall be assess for each round in the chamber and the magazine. (c) Any loaded assault weapon or weapons,and/or any magazine with a capacity of more than fifteen (15) rounds found in violation of this Division shall be seized and confiscated. (d) Additionally, any person found in violation of this Division shall be required to attend and successfully complete a minimum of two (2)educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. (e) Penalties up to a total of two thousand five hundred dollars ($2,500.00)for all citations, seminar fees and fines may be imposed upon an adult when found in violation of this Division for each and every violation. I Anti-Crime Ordinance Page 6 Sec. 13-96 and Sec. 13-97 Reserved for Future Use. Division IL Access to Firearms by Minors Prohibited. Sec. 13-98 Public Policy and Findings of the Council. (a) Negligently stored firearms and ammunition, which enable minors to gain access to them, is irresponsible behavior which encourages accidents. (b) The Council believes that such irresponsible conduct by adult citizens should be prohibited, and that appropriate penalties should be imposed for corrective action. Sec. 13-99 Definitions. The definitions set forth in Division I of this Article, where applicable, shall be binding on the interpretation and enforcement of this Division. Sec. 13-100 Parent and Legal Guardian Required to Properly Store Firearms/Ammunition; Dealers to Conspicuously Display Signs. 2 (a) No person, including but not limited to parent(s) or legal guardian(s), shall store, leave, or give a loaded or unloaded firearm(s) and ammunition used by such firearm(s) in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a minor is able to gain access to such firearm(s) and/or ammunition. (b) All persons purchasing firearm(s) within the city, must provide written proof that he or she has successfully completed a National Rifle Association (or comparable agency) firearms safety instruction program on the proper use and storage of such firearm(s). Written proof of such training must be turned into the front desk of the South Bend Police Department within sixty (60) days from the date of said purchase. (c) Any licensed firearm dealer doing business in the city must conspicuously post, at every purchase counter in every store, shop, or sales outlet, signs with the following warning in block letters not less than one inch(1")in height: "IT IS A VIOLATION OF CITY OF SOUTH BEND CODE § 13-100 TO STORE OR LEAVE A FIREARM AND AMMUNITION WHERE CHILDREN UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE CAN OBTAIN ACCESS." "ALL PERSONS PURCHASING FIREARMS ARE REQUIRED TO PROVIDE TO THE SOUTH BEND POLICE DEPARTMENT WRITTEN PROOF OF SUCCESSFULLY COMPLETING AN APPROVED FIREARMS SAFETY INSTRUCTION SESSION ON THE PROPER USE AND STORAGE OF SUCH FIREARMS WITHIN SIXTY (60) DAYS FROM DATE OF PURCHASE." • Anti-Crime Ordinance Page 7 Such warnings shall also be distributed by such licensed firearm dealer to each firearm purchaser at the time of the sale of a firearm. (d) This section shall not apply when: (1) A minor's access to a firearm and its ammunition is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearms safety,care,handling, or marksmanship; (2) A minor has access to a firearm and its ammunition as a result of an unlawful entry into the place in which the firearm was found; (3) A minor obtains a firearm and its ammunition in a lawful act of self- defense or defense of another person or persons within a domicile; or (4) A minor, without permission of the lawful possessor of a firearm and its ammunition, obtains the firearm from the possessor's body, when the possessor is unable to prevent the removal of said firearm from his or her person. Sec. 13-101 Penalties/Citations/Educational Training Sessions Required for Parents, Guardians, Dealers and Minors Found in Violation. (a) Any parent or guardian whose firearm gets in the wrongful possession of a minor shall be considered in violation of this Division. Said parent or guardian shall be issued an ordinance violation citation with a fine of one hundred dollar($ 100.00) for each offense, and said firearm shall be confiscated. (b) Any person who fails to provide written proof that he or she has successfully completed a National Rifle Association (or comparable agency) approved firearms safety instruction program on the proper use and storage of such firearm(s) required by Section 13-100 shall be considered in violation of this Division. An ordinance violation citation shall be issued with a fine of fifty dollars ($50.00), and the firearm shall be confiscated. Citations shall contain the date, time, name, and address of the violator,the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. Firearms confiscated under this paragraph shall be returned to the owner only upon said owner showing proof that he or she is the lawful owner and that said person has since successfully completed a National Rifle Association (or comparable agency) on firearms safety instruction program addressing the proper use and storage of firearms. (c)Any licensed firearm dealer who fails to properly display the signs required in Section 13-100 shall be considered in violation of that Section. Each day and each location required to have such signage which is not in compliance with Section 13-100, shall be considered a separate offense for which a separate citation may be issued. Said licensed firearm dealer shall be issued an ordinance violation citation with fines of twenty-five dollars ($ 25.00) for the first violation, and fifty dollar($ 50.00) fines for all subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated,the nature of the violation,location of the violation, and the name of • Anti-Crime Ordinance Page 8 the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (d) In addition to adult violators being issued ordinance violation citation(s), any such person found in violation of this Division shall be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. (e) Any firearm, found in the possession of a minor, shall be confiscated, and the South Bend Police Department shall be immediately contacted. Said minor shall be required to attend and successfully complete a minimum of two (2) educational seminars specifically focusing on minors and safety awareness. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said safety awareness seminars shall be paid by said minor's parent(s) or guardian(s). Additionally, said minor shall be required to write, in his or her own handwriting, a minimum of a two-page report on safety awareness and perform a minimum of twenty(20) hours of community service for each violation,with credit being given against the community service hours for reports deemed acceptable by the department of the City's agent. Said report must be turned into the principal of the minor's school within seventy-two (72)hours of successfully completing the last seminar. Copies of such reports with the name of the minor being held confidential, shall be sent to the Common Council's Health and Public Safety Committee on the last business day of the month when said seminar was held. Quarterly Committee reports shall be given on the progress of such youth educational safety awareness seminars. (f) Penalties up to a total of two thousand five hundred dollars ($2,500.00) for all citations, seminar fees and fines may be imposed upon an adult when found in violation of this Division for each and every violation. Sec. 13-102 Through Sec. 13-104 Reserved for Future Use. Division III. Firearms Prohibited or Restricted in Selected Public Places. 3 Sec. 13-105 Public Places Where Firearms Are Prohibited-Exceptions; Signs to be Conspicuously Displayed. 4 (a) Firearms are prohibited in the following public places: (1) Buildings and grounds governed by a school corporation, with "school corporation"having the defmition as that set forth in Indiana Code § 36-1-2-17; (2) Buildings and grounds governed by the provisions set forth in Indiana Code § 12-17.2-1-1 et seq., addressing day cares, child care centers, child care homes, and child care ministries; • Anti-Crime Ordinance Page 9 (b) This Section shall not apply to: (1) Any person listed as an "excepted persons"in Indiana Code § 35-47- 2-2; (2) Individuals regulated and approved by the Bureau of Alcohol,Tobacco and Firearms(BATF); (3) Security guard services; (4) Civil Defense Police who have valid special police commissions; (5) Community correction officers, and (6) Building owners and their designated agents, and persons providing security for such establishments as a condition of their employment. Such individuals shall be required to provide valid proof of their status as an exception to this Division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms ban at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. Sec. 13-106 Public Places Where Firearms Are. Restricted-Exceptions; Signs to be Conspicuously Displayed. (a)Firearms are prohibited in the following public places: (1) Buildings and grounds governed by a hospital or ambulatory outpatient surgical center, "hospital or"ambulatory outpatient surgical center"having the definitions as those set forth in Indiana Code § 16-10-1-6; and (2) Buildings and grounds owned and/or operated by a health facility, "health facility"having the definition as that set forth in Indiana Code§ 16-10-4-2; (3)Buildings and grounds owned and/or operated by a retail merchant,with "retail merchant"having the definition as that set forth in Indiana Code § 6-2.1-1-12; (4) Buildings and grounds governed by a municipal corporation, with "municipal corporation" having the definition as that set forth in Indiana Code § 36-1-2-10 (excluding all public ways including but not limited to streets, alleys,and sidewalks); (5) Buildings and grounds governed by the provisions of Indiana Code § 7.1-1-3-1 et seq., addressing alcoholic beverage regulations in places of business opened to the public; (6) Buildings and grounds owned and/or operated any religious organization or society operating in the city; and • • • Anti-Crime Ordinance Page 10 (7) Buildings and grounds owned and/or operated by the federal or state governments. (b) This Section shall not apply to: (1)Persons issued an unlimited license for the purpose of the protection of life and property, and licensees who carry a handgun as a condition of employment under Indiana Code § 35-47-2-4; (2) "Excepted persons"in Indiana Code § 35-47-2-2; (3) Individuals regulated and approved by the Bureau of Alcohol,Tobacco and Firearms (BATF); (4)Security guard services; (5) Civil Defense Police who have valid special police commissions; and (6) Community correction officers. (7) Building owners and their designated agents, and persons providing security for such establishments as a condition of their employment. Such individuals shall be required to provide valid proof of their status as an exception to this Division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. Sec. 13-107 Penalties and Confiscation of Firearms. (a) Any person found in violation of this Division shall be issued an ordinance violation citation with a fine of fifty dollars ($ 50.00) fines for all subsequent violations. Citations shall contain the date,time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found in violation of this Division shall be seized and confiscated. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), upon providing valid proof of ownership of said firearm, upon successful completion of all educational seminars, and upon completion of all community service requirements. (c) Penalties up to a total of two thousand five hundred dollars ($2,500.00)for all citations, seminar fees and fines may be imposed for each and every violation. Anti-Crime Ordinance Page 11 (d) Additionally, any person found in violation of this Division, shall be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Sec. 13-108 Through Sec. 13-112 Reserved for Future Use. Division IV. Hearings to Address Confiscated Weapons. Sec. 13-113 Request for Hearing and Determination of the Board. (a) Any person who has had his or her weapon seized and confiscated under this Article who has successfully completed all seminar and community service requirements, and has paid all fines assessed, may immediately request a hearing for the return of his or her weapon. The request for hearing must be made by the lawful owner of the weapon and shall be made on forms provided by the City. (b) Within five (5) days of receiving a written request for a hearing, a hearing shall be scheduled before the Board of Public Safety with written notice of the date, place and time being given by the City to the person petitioning for said hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing. (c) If the Board determines that based on the preponderance of the evidence at the time of the hearing that the return of the seized weapon would not pose a safety risk to the person or the community as defined within the stated public policies and principals of this Article, the weapon may be returned. The Board shall render a written decision within ten (10) days following said hearing. Sec. 13-113 Failure to Request Hearing. If a request for a hearing is not made within thirty (30) days of the completion of all seminar and community service requirements, and has paid all fines assessed, the seized weapon shall be deemed abandoned and shall be destroyed of by the Police Department. Sec. 13-114 Through Sec. 13-116 Reserved for Future Use. • • Anti-Crime Ordinance Page 12 Division V. All Monies and Fines Collected to Be Dedicated. Sec. 13-117 Monies Paid to be Deposited in the Juvenile Positive Assistance Fund. (a) All monies collected pursuant to this Article unless otherwise specified,whether they be fines paid through the Ordinance Violations Bureau or monies collected pursuant to the City receiving judgment in a court of proper jurisdiction for violation of this Article,or fees required to attend the educational seminars shall be deposited in the Juvenile Positive Assistance Fund. (b) The Juvenile Positive Assistance Fund was established in 1990 and is addressed in Section 2-170.1 of this Code. It is a dedicated fund which is used solely for the purposes of the Drug Abuse Resistance Education (DARE) Program and for assisting police activities in the Juvenile Aid Bureau. Sec. 13-121 Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. Sec. 13-122 Through Sec. 13-124 Reserved for Future Use. Section II. This Ordinance shal I i full, fore . d effect fro q . d after its passage by the Common Council and apse ! b the Ma - / , /�f1� I �ifi,IKe I "e.sb- of the Cr r o . Ji it 1In the case of Arnold v. Cleveland, 616 N.E.2d 163 (Ohio Sup.Ct),the Court addressed the reasonable exercise of police power through enacting an ordinance addressing assault weapons and held that the ordinance did not violate the Supremacy Clause of the United States Constitution. 2 The National Rifle Association programs include firearms safety instruction and the"Eddie Eagle"education program for"gun-proofing"children. Information can be provided by contacint NRA Education and Training Division at (202) 828-6283. 3 Title 18 United States Code § 922 (q)of the"Federal School Yard Act of 1990" permits a "state or local government to enact a statute establishing gun-free school zones..." 4lndiana Code §35-47-2-1 provides in part that"...a person shall not carry a handgun in any vehicle or on or about his person, except in his dwelling, on his property or fixed place of business, without a license issued under this chapter being in his possession." Thus owners of such properties or businesses listed in & 13-105 are not prohibited from possessing such firearms. 1st READING a'" �— q `j PUBLIC HEARING a— 021— a 1 . rd READING o?—o°l I - q y IOT APPROVED • !;� City of South Bend ;; // Common Council ; County-City Building•South Bend,Indiana 46601 1865 (219)235-9321 Fax(219)235-9173 Stephen Luecke January 9, 1994 President Members of the Common Council Eugene Ladewskl 4th Floor County-City Building Vice-President South Bend,Indiana 46601 Thomas Zakrzewskl Re: Bill No. 11-94 Chairperson,Committee of the Whole Proposed Anti-Crime Ordinance Dear Council Members: Stephen Luecke As an elected public official and concerned resident of our city, I believe that it is First District time to provide leadership on an important public safety issue affecting our entire Cleo Washington community. Second District Our residents, and those people who visit our city, must be able to feel safe and Roland Kelly secure in their homes, our schools, the places where we work, and in all public Third District places. It is with that objective in mind, that I introduce the attached anti-crime ordinance. Ann Puzzello Fourth District In summary, this ordinance would focus on the following: Linas Slavinskas (1) Assault Weapons. Fifth District Thomas Zakrzewski It would ban assault weapons with limited exceptions. Sixth District (2) Firearms and Minors. Sean Coleman At Large * It would require owners of firearms to keep them secure and out of the reach of children. Loretta Duda At Large * It would require licensed firearm dealers to post signs that children Eugene Ladewski under the age of eighteen (18) cannot have access to such firearms. At Large * It would require anyone purchasing a firearm to show proof of successfully completing a training safety session by the National Rifle Association or similar agency within sixty (60) days of the purchase date, and the licensed Kathleen Cekanski-Farrand firearm dealers must post notice of this requirement. Council Attorney (3) Firearms and Selected Public Places. *It would prohibit the carrying of firearms in selected public places such as schools, hospitals, churches, day cares, governmental buildings and grounds, and other highly public areas, except for those providing security for those locations or excepted by other state or federal law. February 9, 1994 Bill No. 11-94 Proposed Anti-Crime Ordinance Page 2 (4) Enforcement and Penalties. *It calls for a multi-faceted approach to enforcement focusing on: -Confiscation of weapons when found in violation. -Minimum ordinance violation citations of$25.00 payable through the Ordinance Violation Bureau. -Maximum fines of$2,500.00 - WOULD REQUIRE FOR BOTH THE YOUTH AND ADULT OFFENDER, MANDATORY EDUCATIONAL SEMINARS ON FIREARMS SAFETY CONDUCTED BY THE SOUTH BEND POLICE DEPARTMENT OR ITS DULY AUTHORIZED AGENT. - WOULD EARMARK ALL MONIES COLLECTED UNDER THIS ORDINANCE TO BE DEDICATED TO THE JUVENILE POSITIVE ASSISTANCE FUND. This fund was created by the City in 1990, and is dedicated to the Drug Abuse Resistance Education (DARE) Program and for assisting police activities in the Juvenile Aid Bureau. I am asking that this proposed ordinance be sent to the Health and Public Safety Committee so that it can be thoroughly reviewed. I welcome your comments and those of the public on this important and critical public safety issue. Sincerely, r r� // Roland Kelly Third District Council Member